Darien is a typical mid-sized Illinois town. About 20,000 people live in Darien, and those people make up approximately 8,000 households. About 60 percent of the families consist of married couples, and around 30 percent of the families have minor children. Darien is an ordinary town in many ways, and its residents contend with the same marital issues and custody disputes that people throughout the country face. It is an unfortunate fact that divorce has become a common issue, and parties ending their marriage often argue over issues such as custody, support, and property division. If you wish to file a divorce action, or if you were recently served with legal documents initiating a divorce, it is prudent to meet with a Darien divorce lawyer. At Kollias & Giese, P.C., we have the knowledge and experience needed to help you pursue a successful outcome under the circumstances and will work tirelessly on your behalf.The Process of Filing a Petition for Dissolution of Marriage
Married couples in Darien who cannot overcome their differences will often choose to end their marriage via a divorce. Illinois law imposes certain procedural requirements for a party seeking dissolution of marriage, which is the term used to refer to a divorce in Illinois. First, the person filing the petition must show that Illinois has jurisdiction over the matter. As a result, the party filing the petition must attest that either the party or his or her spouse lived in Illinois for 90 days prior to filing the petition. Additionally, the petition must be filed in the proper venue, which is the county in which either the party or his or her spouse resides. Either party in a marriage can file a petition for dissolution of marriage.Pleading Requirements
The party filing a petition for dissolution of marriage must adhere to certain pleading requirements. Initially, the party must set forth certain facts regarding the parties. Specifically, the petition must state each party’s full name, age, and address. It must also set forth each party’s occupation and indicate how long he or she has lived in Illinois. The petitioner is also required to include information regarding the marriage in the petition. He or she must advise the court when and where the couple entered into the marriage, as well as whether any other divorce proceedings have been filed. Importantly, the pleading must allege that irreconcilable differences have caused the marriage to break down irretrievably. Our divorce attorneys can assist Darien residents with carefully completing the petition.
The petition must also state whether the couple has any children who were born during the marriage and, if so, whether the parties have come to an agreement as to the division of parenting time and parental responsibilities. Finally, the petition must indicate whether the parties have entered into any arrangements with regard to spousal maintenance or support, and it must set forth the relief requested. The petition must be verified, which means that it must include a signed certification that the facts as alleged are true.Filing and Serving a Petition for Dissolution of Marriage
Once the petition is filed, it must be served on the other party. The process of serving a petition for dissolution of marriage is the same as in other civil cases in Illinois, with some exceptions. Typically, a sheriff will effectuate service. In most cases, the defendant spouse is required to file an answer or appearance within 30 days of service of the petition. If the defendant spouse fails to respond to the petition in the required time, he or she may be found in default. Our Darien divorce attorneys can help you avoid this problem if you are served with a petition.
A failure to properly file or respond to a petition for dissolution of marriage can result in the dismissal of the case or the waiver of certain rights under the law. As a result, if you are interested in filing a petition for dissolution of marriage, it is essential to seek the services of an attorney who is well versed in what is required to help you pursue an outcome in your favor.Speak with a Skilled Family Law Attorney
Family law disputes can arise at any stage of life and are a common issue experienced by people living in Darien. If you wish to end your marriage or are dealing with any other family law issue, it is in your best interest to meet with a capable family law attorney to discuss your case. At Kollias & Giese, our seasoned attorneys can work diligently to help you pursue a favorable outcome in your case. To schedule a meeting with a divorce lawyer in Darien, contact us at 630-407-1200 or via our online form.